Appellate Division: Second Judicial Department

M224014

E/afa

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-10868 Emigrant Mortgage Company, Inc., respondent, v Albert Cisario, et al., defendants, Julie A. Raimondi Cisario, appellant. (Index No. 12278/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a purported order of the Supreme Court, Nassau County, dated October 17, 2016, to stay the foreclosure sale of the subject premises. By order to show cause dated November 25, 2016, the parties to the appeal were directed to show cause why the appeal should or should not be dismissed on the grounds that there was no order of the Supreme Court, Nassau County, dated October 17, 2016, issued in the above-entitled action and/or the notice of appeal dated October 17, 2016, which is attached to the motion papers, was never filed, and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 2219; CPLR 5513); and it is further,

ORDERED that the appellant's motion is denied as academic.

LEVENTHAL, J.P., SGROI, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court